Filing for bankruptcy in North Carolina falls under federal rules and laws, which do not limit the number of times you can declare bankruptcy. However, when you file a second or subsequent time, certain time restrictions depend on the bankruptcy Chapter you file under.
Our bankruptcy attorney will explain how many times you can file bankruptcy in North Carolina, how often you can file, and the impact of repeated bankruptcy filings on your credit score. We also help you explore the outcomes of your previous bankruptcy, choose the right Chapter for your current filing, prepare and file the required forms, and represent you in court.
- How long do I have to wait between bankruptcy filings?
- Are there any negative consequences of repeat filings?
- Can your law firm help me with a second bankruptcy?
- What types of bankruptcy does your firm handle?
- What do previous clients say about their experience with your firm?
- Call for bankruptcy assistance today
In This Article
How Long do I Have to Wait Between Bankruptcy Filings?
The amount of time between bankruptcy filings will vary depending on your current and previous Chapter filings. According to Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) guidelines:
- You can file for Chapter 7 bankruptcy between six and eight years after your previous filing
- You can file for Chapter 13 bankruptcy four years after filing your previous Chapters 7, 11, or 12 filings
- You can file for Chapter 13 bankruptcy two years after your previous Chapter 13 filing
When you trust our bankruptcy attorney to represent you, we make sure you understand the appropriate timeline. We also make sure your case is complete, your debts are accurately categorized, and all dischargeable debts are included in your filing.
Are There Any Negative Consequences of Repeat Filings?
A primary benefit of filing for bankruptcy is the automatic stay. According to 11 U.S. Code § 362, the automatic stay prohibits your creditors from most of the activities they normally use to contact you or demand payment. The relief from harassing phone calls, emails, and letters can make declaring bankruptcy a huge relief because your creditors cannot bother you until the court:
- Dismisses your debt
- Discharges your debt
Because of this, in second or subsequent bankruptcy filings, the automatic stay may not be an available option. Courts work hard to avoid abuses of the bankruptcy process and system.
For a legal consultation with a lawyer serving North Carolina and South Carolina, call 828.286.3866
Can Your Law Firm Help Me with a Second Bankruptcy?
Our team is familiar with federal and North Carolina bankruptcy laws and regulations. We help you complete all required paperwork and ensure it is submitted within the allotted time. We will also represent you at all court hearings and attend any required meetings. Our team also helps you meet any other requirements the court makes regarding credit counseling and debtor education.
What Types of Bankruptcy Does Your Firm Handle?
Our law firm helps individual filers, corporations, family farmers, and family fishermen. We listen to each filer’s specific circumstances, understand their needs, and explain the most appropriate bankruptcy option. These can include:
- Chapter 7 bankruptcy allows debtors to discharge most, if not all, debt and retain ownership of their real and personal property
- Chapter 11 bankruptcy allows corporations or partnerships to reorganize their debt load, repay their creditors, and maintain business
- Chapter 12 bankruptcy is specifically designed to help family farmers and fishermen reorganize their debt into a workable payment plan
- Chapter 13 bankruptcy which helps debtors with regular income sources reorganize debt and pay it off over three to five years
When you choose our firm, we take stock of your current financial condition, evaluate your previous bankruptcy filing, and make sure you meet the time restrictions of your current filing choice.
What do Previous Clients Say About Their Experience with Your Firm?
Our team is committed to providing an outstanding client service experience for every client we represent. When they talk about working with our team, previous clients say:
- “Recommended by a friend, Ms. Valentine listened to my issue, provided a straightforward analysis of the possible outcomes, and delivered the best result possible.” – Lemuel Robinson
- “I was very satisfied with how quick my case was resolved without any hassle or confusion. My attorney, Gabrielle Valentine, was very straight forward…I am very thankful for this law firm’s services. Thank you.” – Clint T. Robertson
- “I have had a positive experience with Farmer and Morris. The entire process was smooth, and Mrs. Farmer made it easy for me. She kept up with me throughout my court case [and] afterwards. She sent caring/concerning emails and that meant the world to me…Thank you, Farmer and Morris!” – Jessica New
Our team works hard to create satisfied clients and help you get the fresh financial start you need. Learn more by reading additional client testimonials on our reviews page.
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Call for Bankruptcy Assistance Today
If you are looking for a second chance at reordering your finances, we can help by explaining how many times you can file bankruptcy in North Carolina. Contact one of our Farmer & Morris Law, PLLC bankruptcy team members by calling (828) 286-3866 today.
Call or text 828.286.3866 or complete a Case Evaluation form